Copyrighted Research Articles

A case of smoke without fire: children’s book author unsuccessful in dragon character copyright claim against department store chain John Lewis

Abstract An author who alleged that John Lewis had copied her book for their dragon-themed Christmas advertisement was forced to publish on her website the judgment finding that no copying had taken place.

Awareness and Attitude towards Use of Institutional Repositories by Academic Staff of Eastern University, Sri Lanka: A Method based on the Diffusion of Innovation (DOI) and the Theory of Reasoned Action (TRA)

Institutional repositories have risen to prominence in the worldwide push towards a knowledge community, serving as a key medium for education, research, and training. In the Sri Lankan environment, institutional repositories are becoming increasingly popular in the digital age. Despite the fact that the country has made significant investments in the development of innovative information and communication technology (ICT) products for education, in particular, the adoption and use of institutional repositories provide a number of obstacles, including issues of accessibility, dependability, copy rights, and so on. The purpose of this research is to examine academic staff awareness and attitudes regarding the usage of institutional repository at the Eastern University in Sri Lanka (EUSL). The survey approach was used; data was obtained by an online questionnaire and analyzed using the SPSS statistical software package. It was determined whether academic personnel were aware or had negative attitudes towards using institutional repository through the use of the Diffusion of Innovation (DOI) and the theory of reasoned action (TRA) theoretical models. According to the data, academic staff members have a high level of understanding concerning institutional repository. The findings suggested that academic staff did not deposit their research work into institutional repository on a regular basis since the vast majority of them were not aware of how to deposit their work into the repository. A recommendation from the study’s conclusion is that libraries should provide appropriate awareness programs and training to researchers about the benefits of using institutional repositories, self-archive publishing, as well as encourage them to deposit their research work in these venues. Finally, it was discovered that the level of awareness and attitude toward institutional repository are both important factors in determining its use.

북한을 채무자로 하는 추심금소송의 당부: 서울동부지방법원 2022.8.10. 선고 2021가합106706 판결을 통해서

Judgment on North Korea's capacity as a party in civil proceedings must be based on North Korea's dual status according to the theory of special relations between the two Koreas. In the domain of norms acting as a partner for dialogue and cooperation, North Korea can be seen as an organization equivalent to a foreign country, so the capabilities of the parties can be recognized. On the other hand, in the domain of norms that operate as an anti-state organization, North Korea is considered an unrecognized country, and its capabilities may be denied. At this time, in relation to whether North Korea can be recognized as a non-incorporated association under domestic law, the requirement for a corporation under the civil law, which is mainly reviewed by the target judgment, is suitable for a general organization that exists in Korea and lacks registration, but has the same corporate character. It is reasonable to evaluate whether an unapproved country has the characteristics of a legal entity based on whether or not it meets the conditions for establishment of a country.
 According to the terms and conditions of the contract for the use of copyrighted works, the Inter-Korean Copyright Center, a copyright agency in South Korea, can be seen as a copyright agency brokerage business between “North Korean copyright holders” and “South Korean users.” And since North Korea's Copyright Office is not a copyright trustee, but only a copyright agent, it cannot be seen that North Korea has a copyright claim. However, In some cases, it is necessary to individually determine whether the royalties receivable belong to North Korea, such as ‘5. Chosun Central TV video production.

불공정무역행위 조사와 부정경쟁행위 조사의 법적 비교

Each subparagraph of Article 4, Paragraph 1 of the Unfair Trade I nvestigation Law stipulates the types of unfair trade practices that a re subject to investigation by the Korea Trade Commission(KTC). Th is includes domestic imports and exports of goods that infringe intel lectual property rights. Infringement of intellectual property rights u nder the Unfair Trade Investigation Act includes infringement of pat ent rights, utility model rights, design rights, trademark rights, copyr ights, and trade secrets, but excludes acts of unfair competition und er the Unfair Competition Law. Separate from the investigation under the Unfair Trade Investigatio n Law, the Unfair Competition Law operates an investigation system for unfair competition practices. It is necessary to compare this wit h the unfair trade practice investigation system of KTC and to study the validity and appropriateness of adding unfair competition practices to the scope of intellectual property infringement, which is the subject of investigation under the Unfair Trade Investigation Law. For this purpose, in this study, first, the investigation system unde r the Unfair Trade Investigation Law and the Unfair Competition La w was comparatively analyzed, and the operation status and current status of each system were investigated and analyzed. Next, by exa mining the current state of the unfair trade practice investigation sy stem and related laws in major overseas countries, we looked at cas es in which unfair competition is included in the target of unfair tr ade investigation abroad. Through this, the feasibility of adding unfa ir competition acts under the Unfair Competition Law to the scope of intellectual property infringement under the Unfair Trade Investig ation Law was legally reviewed, and related considerations were pres ented.

PENGGUNAAN LAGU DAN MUSIK SEBAGAI SUARA LATAR (BACKSOUND) YOUTUBE TANPA IZIN DALAM PERSPEKTIF PERLINDUNGAN HAK CIPTA

Social media has implications in terms of democratization of information, because whoever owns an account can be a prosumer (producer and consumer) in creating messages such as throughYouTube. In its implementation, there are many violations committed by YouTubers in creating content such as the use of songs and music as YouTube background sounds without permission by the creator or copyright holder. Songs and music are protected works as regulated in Article 40 letter d of Law Number 28 of 2014 concerning Copyright. The government protects copyright internationally through international conventions, including: TRIPs Agreement, Bern Convention, Universal Copy Rights Convention, Rome Concention and also bilateral agreements between countries and nationally through Law No. 28 of 2014 concerning Copyright, in it regulates the protection of moral rights as regulated in Article 5 and economic rights as regulated in Article 8 as exclusive rights. The government's efforts to provide legal protection for Copyright by implementing the provisions of Article 54 of Law Number 28 of 2014 concerning Copyright and implementing regulations regarding royalties, namely Government Regulation Number 56 of 2021 concerning Management of Royalties for Song and Music Copyrights.Keywords :Copyright Protection, Songs, Music.

Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry

Abstract The copyright protectability of outputs generated by, or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in the European news industry for the reporting of sports (Retresco’s collaboration with the German Football Association), weather (textOmatic’s collaboration with FOCUS Online) and finance (the Guardian’s ‘Guarbot’). Furthermore, for the first time in copyright history a court in China assessed the validity of a company’s copyright claim over the articles produced by the corporation’s algorithm. The protection with copyright of this ‘robojournalism’ is no longer just a buzzwordy trend. From a technological perspective, robojournalism currently relies on assistive, generative and distributive technologies. The first two seem to be the most problematic from a copyright perspective as they challenge the well-rooted human authorship requirement. Experts have been able to agree so far that it does not look like AI technology is going to be a disruptive force in the media industry. However, researching the impact of AI in journalism matters a great deal. There are numerous benefits stemming from the use of AI in the newsroom – from expanding news coverage, through faster content production, all the way to leaving journalists more time for the more ‘creative’ and investigative tasks where the algorithm remains weak. This paper addresses, first, the protectability of the outputs of robojournalism under the existing European Union copyright laws. It then goes on to introduce findings related to the practical significance of robojournalism in the European news industry. Here, our focus is on the business, media, and communications studies’ perspectives of automated journalism. Our results demonstrate that the extent to which European journalism relies on assistive and generative technologies to produce written output does not justify, from a copyright perspective, the changing of the current anthropocentric copyright system. These findings have wider implications as AI-generated outputs have prompted many to talk about market failure if copyright (or related rights) protection was to be refused for such works.1

A "Pretended Copy Right"? E. A. Kendall and the Writing of Alexander Henry's Travels and Adventures in Canada and the Indian Territories

A "Pretended Copy Right"?E. A. Kendall and the Writing of Alexander Henry's Travels and Adventures in Canada and the Indian Territories Mark Osborne Humphries (bio) In the fall of 1809, two travel narratives appeared in New York from the press of Isaac Riley. The first, credited to Alexander Henry, was titled Travels and Adventures in Canada and the Indian Territories, between the Years 1760 and 1776, and the second, by Edward Augustus Kendall, was Travels through the Northern Parts of the United States in the Years 1807 and 1808.1 Neither book generated much interest at first, but Kendall created a stir when, a few weeks later, he alleged that Riley had printed both under "pretended copy rights."2 On March 10, 1810, he issued a legal notice addressed to all "booksellers and others, throughout the United States," which read: Whereas Isaac Riley of the city of New York, has printed in three volumes the Travels of Edward Augustus Kendall, Esq through the Northern Parts of the United States in the years 1807 and 1808, and published the said work without the assent, consent or approbation of the said Edward Augustus Kendall, the author thereof, in whom the copy right thereof is legally vested; And whereas, the said Isaac Riley has also printed in one volume, Travels and Adventures in Canada and the Indian Territories, between the years 1760 and 1776, written by Alexander Henry, Esq. and published the same without the assent, consent, or approbation of Edward Augustus Kendall, the proprietor thereof, in whom the copy right is legally vested, Booksellers and others are therefore cautioned, not to sell or in any manner publish either of the said works, or any part or parts of them, or either of them, under the penalties of the act in such case made and provided.3 The matter never reached the courts: Riley soon went bankrupt and Kendall, out of funds, was forced to retreat to Britain as war loomed with the United States. How did an obscure British author, best known (if at all) for [End Page 1] his children's books, come to claim ownership over one of the most famous titles in fur trade history? Did he have a role in its creation? Click for larger view View full resolution Alexander Henry's Travels and Adventures remained in print for decades (including this 1921 edition) and became an important source on the early years of the British fur trade in Michigan and the upper Great Lakes. Source: University of Illinois at Urbana-Champaign/HathiTrust. Travels and Adventures in Canada and the Indian Territories is regarded as one of the most important sources on the early years of the British fur trade in Michigan and the upper Great Lakes.4 When the book was published in 1809, Henry had been retired from the fur trade for thirteen years and was living in Montreal, where he was King's auctioneer.5 It describes his initiation into the business at Albany and Montreal in 1760, his years at Sault Ste. Marie and Michilimackinac, where he partnered with Jean-Baptiste Cadotte, as well as his voyage to the Saskatchewan River in 1775-76.6 The book is best remembered, though, for its vivid portrayal of the capture of Michilimackinac during Pontiac's Rebellion in June 1763, Henry's rescue and "captivity" by an Anishinaabe man named Wawatam, as well as the Englishman's observations on the life and customs of indigenous peoples living in the upper Great Lakes region. But as scholars have noted, Henry's book also presents some problems. Almost all its dates are incorrect and there are many other small errors of fact, such as incorrect names and strengths of British regiments, misstated distances, and issues with chronology.7 More disconcerting are its many omissions and discrepancies.8 At the same time, a comparison of Henry's surviving correspondence and the text of Travels and Adventures reveals stark differences in literary style and [End Page 2] vocabulary.9 Some of these issues can be attributed to the passage of time, while others cannot. As Keith Widder writes: "At the very least, Henry's manuscript underwent serious editing before...

Legally Speaking- Combating Copyrights for Artists

Legally Speaking- Combating Copyrights for Artists

Blind and Robust Watermarking Scheme in Hybrid Domain for Copyright Protection of Medical Images

This work presents a robust watermarking technique in hybrid domain for the copyright claim of medical images. The scheme is a fusion of three popular transforms: Discrete Wavelet Transform (DWT), Discrete Cosine Transform (DCT) and Singular Value Decomposition (SVD). The input image is first separated into region of interest (ROI) and region of non-interest (RONI). The DWT is applied on RONI to get low and high frequency bands. The low frequency band is then segmented into 4×4 blocks. The Human Visual System (HVS) is applied to select the potential blocks for implanting watermark content. Each 4×4 selected block is further subdivided into four 2×2 carrier matrices. The SVD is applied to each carrier matrix. Finally, the hidden information is implanted by altering the largest diagonal singular values of four 2×2 matrices. The technique is blind, so host image is not needed for the extraction of hidden information. The proposed scheme achieves higher values of imperceptibility as well as robustness. Experimental results reveal that the proposed technique outperforms the techniques currently reported in the literature by achieving higher values of imperceptibility in the form of PSNR with value of 44.0567 decibels (dB) and SSIM value of 0.9800. At the same time it achieves excellent values of robustness with maximum NCC value of 1.000 and minimum BER with value of 0.000.

Eficacia de un programa de formación en competencias digitales aplicado a estudiantes del grado de magisterio en educación primaria basado en el modelo Affective elearning+

Introducción. El presente estudio analiza las diferencias estadísticamente significativas existentes en el grado de dominio de la competencia digital, contemplada desde 4 dimensiones y criterios de desempeño (navegación y resolución de problemas; disposiciones legales, derechos de autor y licencias; desarrollo y creación de contenido e interacción y gestión de la identidad digital), existente entre los estudiantes del grupo que participó en un programa de formación online basado en el modelo Affective eLearning+, y aquellos que actuaron de control. El plan formativo evaluado se llevó a cabo durante el desarrollo del proyecto I+D+i denominado Evaluación y desarrollo de dos competencias genéricas en estudiantes de primer año del grado de maestro en educación primaria, que finalizaron algo más de un centenar de estudiantes del Grado de Magisterio de Educación Primaria de las Facultades de Educación de la Universidad de Oviedo, la Universidad de Jaén y en el Centro Universitario SAFA (adscrito a la Universidad de Jaén). Método. Se aplicó un cuestionario de creación propia pretest-postest tanto al grupo experimental como control y se analizaron los resultados con las pruebas estadísticas de Kolmogorov-Smirnov, Levene y t de Student. Resultados. Las diferencias significativas obtenidas tras aplicar el programa entre los grupos experimental y control presentan un balance claramente favorable en 9 de los 13 desempeños competenciales trabajados es decir del 70% de las competencias evaluadas. Discusión. Ello subraya que el modelo Affective eLearnig+ es eficaz para desarrollar competencias profesionales digitales en un clima de bienestar y satisfacción en las personas a las que se aplica. Introduction. This study analyzes the statistically significant differences in the degree of mastery of digital competence, contemplated from 4 dimensions and performance criteria (navigation and resolution of problems, legal provisions, copyrights and licenses, development and creation of content and interaction and management of digital identity), existing among students of the group that participated in an online training program based on the Affective eLearning+ model, and those who acted as control. The training plan evaluated was carried out during the development of the R + D + i project called Evaluation and development of two generic competences in first year students of the grade of teacher in primary education, which ended something more than a hundred of students of the Degree of Teaching of Primary Education of the Faculties of Education of the University of Oviedo, the University of Jaén and in the University Center SAFA (attached to the University of Jaén). Method. A pre-test-posttest self-created questionnaire was applied to both the experimental and control groups and the results were analyzed with the Kolmogorov-Smirnov, Levene and t-Student statistical tests. Results. The significant differences obtained after applying the program between the experimental and control groups present a clearly favorable balance in 9 of the 13 competences performed, that is, 70% of the evaluated competences. Discussion. This emphasizes that the Affective eLearning+ model is effective in developing digital professional skills in a climate of well-being and satisfaction of the people to whom it applies.

SALÂHÎ’NİN MECMA-İ FENN-İ ZERÂFET ADLI FARSÇA GRAMERİ

Farsça, Osmanlı eğitim sisteminde XV. yüzyıldan başlayarak XX. yüzyılın ikinci çeyreğine kadar ders olarak okutulmuş bir dildir. XV. yüzyılın başlarından itibaren Farsça, tasavvufi düşüncenin gelişimi ve Mesnevî ’nin anlaşılması amacıyla tekkelerde de ders olarak okutulmuştur. Abdullah Salâhaddîn-i Uşşâkî adıyla da tanınan ve Uşşâkiyye tarikatının üçüncü piri olarak bilinen Salâhî, XVIII. yüzyılda Osmanlılar devrinde yaşamış Halvetî-Uşşâkî şeyhlerindendir. Hem Arapçaya hem de Farsçaya hakimiyeti olan âlim, şair ve şarih bir zattır. Salâhî’nin eski kaynaklarda toplamda bugünkünden daha çok eserinin olduğu söylense de günümüzde 12 adet telif eser, 11 adet şerh ve 8 adet tercümesiyle toplamda 31 adet eserinin olduğu bilinmektedir. Osmanlı Türkçesiyle yazılan Mecma-i fenn-i zerâfet , Salâhî’nin Farsça gramer konusunda kaleme aldığı telif eserlerinden biridir. Eser, erken dönemlerde sözlüklerde açıklanan gramer konularının düzenlenerek bir kitapta toplanması ve Arapça yazılan Farsça gramerlerin de anlaşılmasındaki zorluğun giderilmesi amacıyla Osmanlı Türkçesiyle yazılmıştır. Mecma-i fenn-i zerâfet adlı eserde müellifin istifade ettiğini söylediği kaynaklar, kütüphanelerdeki kataloglarda farklı adlarla kaydedilmiş ve eserlerle ilgili bilgiler eksik verilmiştir. Bu makalede, Farsçanın tarihi seyri konusunda kısa bir bilgiden sonra hem Salâhî’nin Mecma-i fenn-i zerâfet adlı eser hem de istifade ettiğini söylediği Kavâid-i Fürs ile Mefâtîh-i deriyye adlı eserlerle ilgili bilgiler verilmiş ve Mecma-i fenn-i zerâfet adlı eser tanıtılmıştır.

Limitations on Copyrights Based on Freedom of Expression and Information

Limitations on Copyrights Based on Freedom of Expression and Information

Curious Cases of Copyrightability Before the Copyright Office

Administering the national registration program is a core function of the Copyright Office. In most cases, determining copyrightability of a claim submitted for registration is simple, and the Office does not need to correspond over or otherwise belabor the mine run of applications to determine whether a work possesses the creative spark necessary to register a copyright interest. As the Supreme Court has noted, “the requisite level of creativity is extremely low,” and “[t]he vast majority of works make the grade quite easily.” Sometimes, however, applied-for works invoke modes of authorship that test that standard, and the Copyright Office must resolve these claims. Applicants may contest refusals to register claims, culminating in the ability to lodge a final administrative appeal to the Copyright Office Review Board. As a member of that Board for the past four years, I’ve seen the Office apply established principles of copyrightability to a variety of dynamic claims.

Making Sense of Scènes à Faire Through the Lens of Feist

Scenes a faire: what is it, and why do we need a French name for it? Because when we explain it in English it doesn’t make any sense at all. Scenes a faire, Black’s Law Dictionary says, means “standard or general themes that are common to a wide variety of works and therefore are not copyrightable.” A number of other definitions of the term similarly deny copyrightability. For example, this is from a First Circuit case: the court “denie[d] copyright protection to elements of a work that are for all practical purposes indispensable, or at least customary, in the treatment of a given subject matter.” So again, we deny copyright protection. As Dale Cendali spoke to moments ago, most courts don’t look at it that way. The majority view is that it does not invalidate the copyright; it’s not a question of copyrightability. It’s a question of what is infringing activity and whether sharing this element actually rises to the level of infringement or not, not whether the scene a faire is copyrightable.

U.S. Law’s Artificial Cabining of Moral Rights: The Copyrightability Prerequisite and Cady Noland’s Log Cabin

In currently pending litigation, Cady Noland has sought to exercise the rights of attribution and integrity in relation to Log Cabin Facade; in this context, the Office’s denial of registration has resulted in complex legal arguments with both philosophical and practical implications. Against the backdrop of the Log Cabin controversy, this Article probes the conflict between the values and objectives underlying moral rights versus the “dominant,” economic theory of pre-existing copyright law. A critical question emerges: whether the “safeguards” imposed by limitations on the scope of copyrightability logically apply to the grant or denial of certain core moral rights protections for the single, original “copy” of an artwork. Concluding that they do not, this Article argues that recognition of an object as “artwork” by the relevant artistic community should “wag the dog” with respect to the artwork’s entitlement to such core moral rights protections, irrespective of its copyrightability.

A Study on the Use of Copyrightable Works in Machine Learning

A Study on the Use of Copyrightable Works in Machine Learning

Reflexões sobre o meu processo criativo no ensaio Peito de Pedra

No ensaio Peito de Pedra*, trabalho em desenvolvimento, proponho a reflexão sobre o corpo feminino e os estigmas sexistas e machistas que se impõe a ele; do modelo renascentista do corpo clássico e perfeito; da obscenidade imposta à nudez, confinada a espaços delimitados pela moral judaico-cristã; da alienação da produção dos sentidos do corpo e sua objetificação. Uso a estética deste ensaio para me auto representar e a outras mulheres produzindo uma fricção surgida do contato entre performance, imagem e poesia, a partir de meus conflitos pessoais possibilitando a existência de um território próprio. As imagens são: autorretratos e retratos de mulheres, produzidos em longa exposição; reflexos em fragmentos de espelhos de esculturas, encontradas em museus e ruas de vários países; paisagens e objetos encontrados na natureza; e poesia autoral. * https://www.marigemma.com/peito-de-pedra

Charlotte Tilbury succeeds on copyright claim against Aldi lookalike

Abstract Islestarr Holdings Ltd v Aldi Stores Ltd [2019] EWHC 1473 (Ch) The High Court of England and Wales has found that discount supermarket Aldi had copied claimant Charlotte Tilbury’s artistic works in creating its cheaper make-up product. The case demonstrates the tools available to brands in tackling lookalikes (or ‘dupes’) and may provide lessons on how designers can build into their products certain protectable features that increase the chances of being able to repress unauthorized imitations.

Professional Responsibility: An Open-Source Casebook

We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides one or more heavily edited cases intended to illustrate the application of the law at issue, with a link to an open-source version of the full text of the case. Each case is preceded by a brief summary of its facts, reasoning, and holding, and followed by questions intended to indicate subjects for further investigation or discussion. And finally, it includes citations to law review articles and other materials relevant to the law at issue, with links to open-source versions of those materials, when available. This casebook covers a wide range of different subjects related to the professional responsibility of attorneys. While it is possible to cover all of this material in a three credit-hour course, you may wish to omit some subjects. You may also wish to supplement the materials in this casebook with additional materials. We encourage you to use this casebook in any way that you like. This casebook is licensed “Creative Commons 0 / No Rights Reserved.” That means that we explicitly disclaim any copyright claim in all of the original elements that we created in writing this casebook and have intentionally placed the casebook in the public domain. Because this casebook is in the public domain, you can use the materials in it in any way that you like, with or without attribution. Of course, the casebook contains many copyrighted elements that belong to other people and that we used pursuant to fair use. Those elements are still protected by copyright. We hope that this free casebook helps show that it is possible to create teaching materials for legal education in an open-source format. And we hope it makes access to the law governing legal practice more accessible to law students, attorneys, and anyone interested in the regulation of the legal profession.

US Copyright Law in Context of Indian Law - A Case Study - Tommy Hilfiger Flag Logo

On February 14, 2017, Tommy Hilfiger filed an application to register a copyright claim in the Work. In a November 30, 2017, letter, a Copyright Office registration specialist refused to register the claim, finding that it “lacks the requisite authorship necessary to support a copyright claim.” This case study forms the basis of this paper that delves into the US Copyright Law read in context with the Indian Copyright Law.